Sacramento DUI Accident Victim Lawyers
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Our Sacramento DUI Accident Victim Lawyers Can Explain Your Legal Options For Compensation
Sacramento is the capital city of California. As the capital, Sacramento serves as the location of the California State Legislature and the political center and hub of the state. According to the 2020 census, Sacramento has a population of 524,943 people, and continues to grow. With that growth comes more drivers, cyclists, and pedestrians sharing the road.
Traffic accidents occur daily on the streets and highways of Sacramento. Unfortunately, drunk driving accidents also frequently occur, leaving even more carnage. Many people are killed across the city and state due to drunk driving incidents.
Driving under the influence (DUI) and driving while intoxicated (DWI) are criminal offenses. If a driver is found guilty of a DUI or DWI in California, they can face jail time, fines, and other criminal punishments. Although you may be familiar with the criminal penalties for driving under the influence of alcohol in California, you should also know that victims may be eligible to seek compensation for their losses after a DUI accident, depending on the circumstances of the case.
Our Sacramento DUI accident victim lawyers are committed to helping accident victims hold negligent drivers accountable for their actions. Call us at (888) 488-1391 for a free consultation.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Facts On Drinking And Driving And California DUI And DWI Accidents
Although ridesharing and other programs are widely available to get people home safely after a night out, many people still choose to drive after drinking too much. Traffic accidents are already dangerous and can leave individuals and families physically and financially challenged, but drunk driving accidents have a greater potential for damage. Drinking and driving accidents are common in California. The following are facts about drinking and driving across the United States and in California in particular.
The Centers for Disease Control and Prevention found:
- In 2020, 11,654 people across the United States died in traffic accidents involving drunk drivers.
- Thirty percent of all traffic accident-related deaths across the country involved a drunk driver.
- Sixty-two percent of people who died in drunk driving accidents were impaired, and 38 percent were other drivers, passengers, or pedestrians.
- In 2020, 229 children under the age of 14 were killed in traffic crashes involving drunk drivers across the country.
- Car crashes are among the major causes of death among teenagers and teenage drivers, and one-third of accidents involving teenagers are alcohol-related.
- Thirty-two people lose their lives across the United States because of drunk drivers each day.
- One person dies every 45 minutes in an accident caused by an impaired driver across the country.
- An estimated 12,429 people will lose their lives in a drunk driving accident in 2023.
- 1.9 percent of American drivers admit to driving under the influence.
- 1.8 percent of Californians admit to getting behind the wheel after having too much to drink.
- More than 10,000 Californians lost their lives in drunk driving crashes from 2003 to 2012.
Why Is Drunk Driving So Dangerous?
Driving under the influence of alcohol is dangerous. It affects many different groups of people, including drivers, passengers, and pedestrians. Drunk drivers tend to have slower reaction times, lower inhibitions, and impaired judgment. This combination of factors can result in catastrophic property damage and loss of life. Because of the massive losses drunk drivers cause, they face criminal and civil consequences for their actions.
Civil Vs. Criminal Consequences Of Drunk Driving In California
After a drunk driving accident, the focus turns to criminal responsibility. While drunk driving cases must be prosecuted, the responsibility for losses caused by impaired drivers does not end once they face their charges. Drunk drivers are criminally and civilly responsible for the harm they cause when they choose to get behind the wheel while intoxicated.
What Is Considered Drunk Driving In California?
California law defines drunk driving as alcohol-related driving behavior. California Vehicle Code section 23152 describes the Blood Alcohol Concentration limits based on the age of the driver. Any driver operating a vehicle with a BAC of 0.08 percent or more is guilty of driving under the influence.
California law uses age to determine when someone is liable for drunk driving. Blood Alcohol Concentration (BAC) limits depend on the driver’s age:
- Drivers under 21 cannot operate a vehicle with a BAC of 0.01 percent or higher.
- California law has a zero-tolerance policy for drivers under the age of 21 operating a vehicle with any alcohol in their system.
- Drivers aged 21 and older cannot operate a vehicle with a BAC of 0.08 percent or higher.
- Drivers operating a commercial vehicle (including Uber, Lyft, and other ridesharing arrangements) cannot drive their car while working with a BAC of 0.04 or more.
Criminal Penalties For Drunk Driving In California
If a driver chooses to operate a vehicle while under the influence of alcohol, they face criminal penalties. A drunk driver in Sacramento can expect the following consequences:
- Up to one year in jail or 16 months in state prison.
- Thousands of dollars in fines.
- An automatic four-month suspension of their driver’s license.
Administrative Consequences Of Drunk Driving In California
In addition to the criminal penalties a drunk driver may face, if a driver is convicted of DUI, the driver may also face administrative action by the California Department of Motor Vehicles (DMV). The DMV may impose the following consequences on a driver convicted of DUI:
- Suspend the driver’s license for at least six months.
- Require the driver to complete a mandatory DUI class.
- Order that the DUI conviction remain on the driver’s record for ten years.
What Is Admin Per Se?
Driving is a privilege. By obtaining a California license, you agree that if you get stopped on suspicion of driving under the influence of alcohol, you consent to a breath, blood, or urine test for intoxicants in your system. You will automatically lose your license if you refuse to comply with the rules of admin per se.
Civil Consequences of Drunk Driving In California
The impaired driver will likely face criminal responsibility for their actions, but their sitting in jail or facing fines and probation does not address your losses. Car accidents are not only physically and mentally taxing, but they are also expensive. One driver’s actions can cost you and your family thousands of dollars. California law allows eligible injury victims to pursue legal claims against drunk drivers for injuries and losses, depending on the circumstances of each case. Accident victims can force impaired drivers to face civil responsibility for their actions through a personal injury lawsuit.
Civil lawsuits are a tool to help accident victims ease the financial burden created by a traffic crash. After getting into a DUI accident, you may need extensive treatment, long-term medical care, or multiple surgeries to fully recover. That can quickly get very expensive, especially if you cannot work due to your injuries.
Although civil lawsuits are a valuable tool for injured parties to seek compensation for medical treatment and lost income, injury lawsuits can become complicated. Victims of DUI traffic accidents may need to consider consulting an experienced Sacramento DUI accident lawyer to discuss their legal rights and options after a collision.
How Is A Civil DUI Lawsuit Different From Other Car Crash Cases?
The biggest difference between a typical personal injury lawsuit and a traffic crash lawsuit involving a DUI is that the latter typically involves a simultaneous criminal case. Plaintiffs in a civil DUI case can use evidence presented at the criminal trial in their case, but the outcome of the criminal case does not affect the outcome of the civil trial.
A DUI accident case can get more complicated than other personal injury cases because the defendant may spend an extended period in jail if they are convicted of their criminal charges. The defendant’s incarceration may make the case take longer to settle or set for trial. An experienced attorney can help you avoid the confusion of trying to navigate both the criminal and civil legal systems.
How Do I Prove Civil Liability In A Drunk Driving Case?
One of the first hurdles to overcome in a civil lawsuit is finding each potentially liable party and holding them accountable for their actions. When a drunk driver causes a traffic accident, it can be nearly impossible for an unrepresented person to find everyone responsible for their injuries and losses. Having legal representation can help accident victims navigate the complex process of seeking compensation more efficiently.
Proving fault after a DUI accident starts with collecting evidence. Civil lawsuits are won based on the facts of the case. A good place to start collecting evidence of the facts of the case is to begin with the following:
- Obtaining a copy of the police report from the day or night of the accident helps you get a list of eyewitnesses and gives you an idea of the officers’ thoughts regarding causation and liability.
- Learn the BAC level of the driver. Driving drunk is always negligent. Proving that the driver was under the influence when the accident happened can support your DUI injury claim.
- Learning about the driver’s history can also be beneficial. Your accident attorney may want to know about past driving offenses.
- Gather any evidence of prior DUI convictions.
Potentially Responsible Parties For A DUI Accident
There are many potentially responsible parties in a DUI accident, and they may include people or businesses that were not on the road at the time you were hit. Our Sacramento DUI accident victim lawyers work to find every responsible party and help you hold insurance companies accountable for your injuries.
Examples of potentially responsible parties in a DUI traffic accident include:
- The impaired driver.
- A social host.
- A bar or restaurant owner or staff member.
How Do California Dram Shop Laws Affect My DUI Civil Lawsuit?
Dram shop laws apply to social hosts, bar or restaurant owners, and their staff. These people or entities may face civil penalties if they overserved a driver and the impaired driver caused an accident.
A social host may be held liable for causing a DUI traffic accident under California law. A social host is a party host and can be a family member or a friend who overserved the driver. A social host may face liability if they served alcohol at their gathering and knew the driver was intoxicated, but continued to provide alcohol or encouraged the driver to continue drinking.
Bars and restaurants may also face liability. According to the legal doctrine of vicarious liability, an employer can be held responsible for the negligent acts of their employee. If a bar owner’s employee overserves a patron, the owner and employee may each face liability if their patron causes an accident.
To sue these parties or another third party in a DUI accident lawsuit, the following must be established:
- An adult supplied alcohol to a minor.
- A business sold or supplied alcohol to a minor who was obviously intoxicated.
- The alcohol given to the minor was the cause of the accident.
Establishing third-party dram shop claims can be difficult, as California dram shop laws are very limited. If you suspect that a third party may share liability for your injuries and losses, a Sacramento DUI accident victim lawyer can help you explore your options for seeking compensation for your injuries and other losses.
What Should An Accident Victim Do After Getting Into A DUI Accident?
The actions taken after getting into a DUI crash can make an impact on potential legal claims. Here are some steps to take after a DUI incident:
- Get Medical Attention — You should get medical attention immediately after getting into a traffic crash because it can help save your life. The impact of a traffic collision can cause significant physical injuries. Some injuries do not manifest without a physical examination. For example, you may have suffered a traumatic brain injury, but you cannot confirm that without seeing a doctor.
Secondly, you should get prompt medical attention after a crash because it can help your civil case. A plaintiff must prove negligence to have a successful civil lawsuit. Causation is one element of a negligence claim. When you get medical treatment immediately after an accident, you can connect your injuries to the crash. Delay in getting medical care gives insurance companies and defense lawyers room to argue that something else caused your harm.
- Call an Accident Attorney — After an accident, you may be contacted by insurance companies and receive a large volume of correspondence. An experienced Sacramento DUI accident victim lawyer can manage these communications on your behalf, deal with insurance adjusters, and advocate for your rights.
- Report the Accident to the Required Agencies — California law requires people involved in a car accident to report the accident to the police and the California Department of Motor Vehicles. If the accident involves property damage, injury, or death, the California Vehicle Code sections 20000-20018 require each party to report the accident to the police or the California Highway Patrol within 24 hours. The drivers have ten days to report the accident to the California DMV.
How Long Do I Have To File My DUI Accident Civil Lawsuit?
The statute of limitations is the deadline provided by law that requires an accident victim to settle a claim or file a lawsuit within a specified period, or they will lose their ability to sue. California Code of Civil Procedure section 335.1 states that a plaintiff has two years from when the accident happened to file a personal injury lawsuit and three years from the date the victim died in wrongful death claims. If you have a claim for loss of personal property, California law gives you three years to file a lawsuit to seek damages.
What Damages Are Available In A Civil Lawsuit?
The purpose of a civil lawsuit is to compensate the victim for the harm they suffered after a traffic crash. There are three major categories of damages available in a civil lawsuit. The categories of damages include economic damages, non-economic damages, and punitive damages.
Hiring an accident attorney takes the pressure of complex litigation off your shoulders and places it with the professionals. Our Sacramento DUI accident victim lawyers have decades of experience helping clients hold at-fault parties accountable for their negligence.
Economic damages are compensatory damages and refer to replacing quantifiable losses. Examples of economic damages include:
- Medical bills.
- The cost of future medical care and long-term care.
- Property loss.
- Lost income.
- Lost earning capacity.
- The cost of hiring domestic help if you need help cooking, cleaning, or taking care of your personal hygiene.
- Childcare cost.
- Pet care cost.
- Loss of consortium or companionship.
Non-economic damages are intangible losses that are usually hard to value and harder to prove. Examples of non-economic damages include:
- Loss of enjoyment of life.
- Mental and emotional trauma.
- Temporary or permanent disability.
- Disfigurement.
Punitive damages are used to punish the defendant and deter others from committing similar acts in the future. These damages are usually available only when the defendant’s actions are wildly outrageous.
In rare cases, punitive damages may be awarded by the court. These may apply to an accident that was the result of oppression, fraud, or malice, provided such evidence is clear and convincing.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
What Is The Average Settlement Amount In Civil DUI Accident Cases?
Every accident is different, so there is no guarantee regarding the amount of compensation you may be able to pursue. However, an experienced attorney can help you understand what your case is worth generally.
Traffic crashes that involve a drunk driver are typically more severe and lead to more serious injuries and sometimes death. The severity of injuries is a factor that influences the value of your DUI accident claim. Here are the following factors that may affect the value of your claim:
Are Your Injuries Temporary Or Permanent?
If an accident results in long-term or permanent injuries, ongoing medical treatment may be necessary, which can become costly even with health insurance. In California, individuals found liable for causing an accident, such as drunk drivers, may be required to pay for the injured party’s current and future medical expenses. Settlements or awards in these cases can include compensation for necessary future medical care, depending on the circumstances and evidence presented.
Did You Lose The Ability To Earn Money?
In some cases, injuries from a car crash may prevent the victim from working, resulting in financial difficulties. When considering a settlement, it is important to account for any loss of income resulting from an inability to work, whether temporary or permanent. Lost earning capacity refers to a reduced ability to work in the same field or at the same pay rate as before the accident. Settlements can sometimes include compensation for the difference between previous and current earnings, depending on the circumstances and supporting evidence.
Was Your Mental Health Negatively Impacted?
Compensation for mental and emotional anguish experienced as a result of an accident may be available in some cases. Car crashes are traumatic events, and it can take months or years to feel safe behind the wheel of a car again. For example, many accident victims suffer from post-traumatic stress disorder (PTSD), a mental health condition that can change how a person lives their life.
What Are The California Insurance Limits?
California law requires that every driver have a minimum amount of insurance coverage before they hit the road. However, despite this requirement, it is not uncommon for people to drive without insurance. The California Department of Insurance set the minimum amount of insurance coverage for drivers:
- Drivers must carry a minimum insurance amount of $30,000 to cover an accident that causes the death or injury of another person.
- Drivers must carry a minimum insurance amount of $60,000 to cover an accident that causes the death or injury of multiple people.
- Drivers must carry a minimum insurance amount of $15,000 to cover property damage.
If the driver who caused the accident does not have sufficient insurance coverage, it may be challenging to seek appropriate compensation for your losses. A Sacramento DUI accident victim lawyer can assist with filing a claim under your uninsured or underinsured motorist policy to address your injuries and related expenses.
How Does An Accident Victim Receive Compensation?
The sources of compensation after a DUI accident vary based on the case. Sources of recovery for accident victims include:
- The other driver’s insurance company.
- Your uninsured or underinsured insurance policies.
- The driver’s employer’s insurance policy applies if the driver was working for the company when they caused the accident.
- Ridesharing companies’ insurance if you were in an accident while riding in an Uber or a Lyft.
- The insurance policy of a social host, bar, or restaurant.
Can I Seek Compensation If I Am Partially At Fault For The Accident?
If you think you share responsibility for the accident, you might still be able to seek damages from a Sacramento DUI accident. Under the legal doctrine of comparative negligence, a driver who is partially at fault for causing an accident may be eligible to pursue a percentage of their losses according to the percentage of fault assigned to each party.
Under California’s theory of pure comparative negligence, an injured party can recover damages even if they are partially at fault for the accident. The amount of damages is reduced by their percentage of fault. For example, if a court finds that you have $100,000 in damages, but you were 30 percent at fault for your damages, you may only be able to receive 70 percent (or $70,000 in this example) of your losses.
What Happens If A Loved One Dies In A DUI Accident?
If you lose a loved one in a DUI accident, you may have the grounds to sue for wrongful death. A wrongful death claim is a civil lawsuit that allows eligible family members to sue and recover damages if their loved one dies in a car crash. Wrongful death laws vary by state.
These laws can get complicated. Speak to our Sacramento DUI accident victim lawyers to understand more about wrongful death claims and know if you have a case.
How Can A DUI Traffic Accident Attorney Help Me?
Our Sacramento DUI accident victim lawyers can help you understand your legal options after suffering injuries from an accident caused by a drunk driver. Here’s how we can help you:
- Speak to Third Parties on Your Behalf — Our Sacramento personal injury attorney is your representative and advocate. We will handle correspondence from the insurance company, defense attorneys, and collection agencies so you can focus on healing.
- Negotiate a Settlement with the Insurance Company — Many personal injury cases are resolved through settlements between the accident victim and the insurance company. Insurance companies may use various strategies during the claims process, including contacting claimants before they have legal representation. Consulting with a Sacramento DUI accident victim lawyer can help you navigate negotiations and better understand your settlement options.
- Represent Your Interests at Trial — If you and the insurance company are unable to reach a settlement, your case may proceed to trial. Our attorneys are committed to advocating for your rights and work to present a well-supported case before a jury.
How Much Does A DUI Accident Attorney Cost?
Many people do not pursue compensation because they believe they cannot afford a lawyer. Civil litigators typically use a contingency fee payment structure for DUI car crash cases. A contingency fee is a payment arrangement that allows a client to defer payment for legal services until after the case is settled, and there is no obligation to pay if there is no settlement. With the use of contingency fee arrangements, more accident victims can have access to legal representation.
Our Sacramento DUI accident victim lawyers also work on a contingency fee basis. We will discuss our payment structure, fees, and other case-related costs during your initial consultation, which you may be responsible for regardless of the outcome.
Where Can I Get More Information About Victim Support And How Drunk Driving Affects the Community?
Being informed about the prevalence of drunk driving can help lower the risk of an accident. If you have been affected by the action of a drunk driver, having the proper support can help you and your family face the aftermath more efficiently.
We also support organizations like Mothers Against Drunk Driving (MADD). For decades, MADD has been spreading awareness about the personal tragedies that impaired driving causes. MADD provides information and access to support groups of survivors who have lost loved ones in drunk driving accidents. Visit www.madd.org to learn more.
Other organizations with a similar purpose include:
- Students Against Drunk Driving (SADD)
- Advocates Against Impaired Driving (AAID)
Reach Out To Our DUI Accident Victim Lawyers In Sacramento
If you have a DUI accident claim, you can learn more about how to file a lawsuit by contacting the attorneys at Arash Law. Under the leadership of Arash Khorsandi, the legal team at Arash Law is dedicated to assisting accident victims in pursuing compensation for their injuries and losses after getting into a DUI accident.
Our Sacramento DUI accident lawyers serve the people of the city and surrounding areas, including Roseville, Orangevale, Citrus Heights, Elk Grove, Davis, Fair Oaks, Foothill Farms, Rancho Cordova, North Highlands, Carmichael, Rio Linda, La Riviera, Florin, Rosemont, and West Sacramento.
Contact us at (888) 488-1391 to schedule a free, no-obligation initial consultation to discuss your legal options after a DUI accident.
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